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DISCUSSION STARTER 4Advancing Reconciliation and Aboriginal and Torres Strait Islander Peoples' RightsThis Discussion Starter on Advancing Reconciliation and Aboriginal and Torres Strait Islander Peoples' Rights is part of a broad, inclusive, nation-wide discussion about a better way for Australia than today's market-driven degrading of citizens' rights and the public good. This discussion process will culminate in a major national conference in Sydney on July 14-15, 2001. This and other Discussion Starters aim to develop ideas for and interest in the conference, to ensure the most informed and productive level of discussion possible within our resources. USING THE DISCUSSION STARTER The project sponsors encourage you to use this Discussion Starter in a group discussion in your locality, community organisation or trade union. If that's not possible, work through the points and questions yourself. In either case, your feedback on this topic into the discussion process is vital to develop the agenda for the July 2001 conference. GUIDELINES FOR GROUP DISCUSSION
What's happened in 10 years of reconciliation?
Discussion How did the reconciliation debate involve you and / or your organisation? How did it change your ideas, your attitudes and your life? How do you think the people's movement for reconciliation affected the legal situation through the 1990s? What would be the best step for a post-Howard government to take on reconciliation? Would an official monitoring agency have made a difference on implementation of the recommendations of the Aboriginal Deaths in Custody Royal Commission, and could it make a difference on the Bringing Them Home recommendations? What can be done now to take the reconciliation process forward?
What happens after the Reconciliation Council? At the end of its 10 year term, the Council for Aboriginal Reconciliation made the following six recommendations to the Howard government, on how to give effect to the Australian Declaration Towards Reconciliation and the Roadmap for Reconciliation:
Discussion Given the big achievement of the Council for Aboriginal Reconciliation in developing the people's movement, how can we help to have these basic recommendations carried out?
Socio-Economic situation Employment and economic status The official unemployment rate for Indigenous people is an estimated 34 per cent, as against about 8 per cent for the general Australian community. Without ATSIC's Community Development Employment Program (CDEP) scheme, which accounts for approximately one-quarter of Indigenous employment, the rate would be over 50 per cent. Indigenous incomes are approximately two-thirds the Australian average. Housing According to 1996 Census data, 6.2 per cent of Indigenous households include more than one family, compared with 1.1 per cent of other Australian households. Overcrowding leads to faster deterioration of housing and exacerbates environmental health problems. 64 per cent of Indigenous households are in rental accommodation compared with the overall Australian rate of 24 per cent. According to 1996 Census figures, an additional 34,527 bedrooms were needed to adequately house Indigenous people compared with a shortfall of 35,205 bedrooms in 1991. However, Australia's Indigenous population increased by 33 per cent between 1991 and 1996. Poor health is directly linked to unsatisfactory housing and housing related infrastructure. In many areas where substandard housing exists, contaminated drinking and washing water, poor sanitation and unsafe housing are major factors associated with preventable illness and high illness rates. Education It was not until the 1940s that Indigenous children were provided with teachers in government reserves. The Federal Government has provided Indigenous education programs since 1969. The main assistance program, ABSTUDY, is outsourced to Centrelink. ATSI enrolments in higher education were negligible in the late 1960s, but by 1997 had risen to 7,460. Nevertheless, the participation rate is still less than that for other Australians, and Indigenous students' success and retention rates are about 20 per cent lower. From January 1, 2000, ABSTUDY living allowances were made the same as Youth Allowance. Discussion What strategies can be developed to improve employment and basic services for indigenous people and their communities? What do you think are the strengths and weaknesses of the National Strategy to Overcome Disadvantage and for Economic Independence developed by the Council for Aboriginal Reconciliation (see page 8)? Is there a fundamental change of community attitude required even now, before progress can be made at the political level on reconciliation? Land justice Who owns the land in Australia? The top 10 landowners in Australia in 1997 AMP, Stanbroke Pastoral 12.7 The top 11 foreign landholders in 1997 owned a total of 5.9 million hectares.
By 1998, out of Australia's 18 million population, there were only 115,000 farming families, as the bush was depopulated by the pressures of global agricultural markets, interest rates and currency fluctuations, as well as droughts and floods. There were 500,000 farming families in 1939 when Australia had just six million people. These hundreds of thousands of farms were bought up by agribusiness companies and very wealthy people, aided by the banks and "rural reconstruction". In 1976, the Northern Territory Land Rights Act came into force, and over the next 25 years, significant areas of Crown Land came under inalienable indigenous title. In South Australia significant Crown land areas were transferred back to the Pitjantjatjara and Maralinga Anangu in the 1970s and 1980s. The Tasmanian government decided to transfer certain parcels of land to indigenous ownership in the late 1990s and is currently trying to extend this program. Despite Land Rights legislation in NSW in the 1980s, and Queensland in the 1990s, no significant Crown lands have been transferred in those states. The situation is worse in Western Australia. To overcome political obstacles and the severe limitations of state land rights acts and the Native Title Act, the Federal Government has supported the Indigenous Land Fund to purchase pastoral leases in Western Australia and New South Wales, to transfer them to indigenous communities. The Howard government in 1998 reduced the effect of Native Title on pastoral leases, with the Wik amendments. In 1999, it reviewed the NT Land Rights Act, to substantially wind back community control of access to their lands, and to abolish the Northern and Central Land Councils. While some pastoralists and miners have negotiated positive local agreements with indigneous communities and land councils, mining companies and big pastoralists remain the strongest opponents of land rights for indigenous people. Pauline Hanson's One Nation also strongly opposes land rights. Discussion What strategies can be pursued to overcome current opposition by miners and pastoralists to land rights for existing indigenous communities, and compensation for stolen land? What community-based initiatives can help move the process forward? What media strategy could help overcome prejudice and resistance to just claims for land by Aboriginal and Torres Strait Islander peoples?
Proposal for a Treaty or Agreement Since British colonization of Australia began in January 1788, and the invasion rolled across Aboriginal and Torres Strait Islander lands and waters, there has never been a settlement of the relations between the indigenous peoples of Australia and the new society that was created. There have been several attempts to develop the framework for such a settlement, agreement or treaty since the 1970s - most notably the proposal for a Makarrata by the National Aboriginal Conference and the Aboriginal Treaty Committee led by Nugget Coombs and Judith Wright between 1979 and 1984; and the Barunga Statement in June 1988 to Prime Minister Bob Hawke. However, agreement could not be reached in the parliament, among indigenous leaders, and in the wider community. Today, the Aboriginal and Torres Strait Islander Commission is consulting its own constituency about an agreement or treaty, how it could be developed, what its content should be. At the same time, as we await the outcome of the indigenous consultations, the wider Australian community should also discuss its views about the best way to proceed to have the reconciliation movement lead to a just and lasting settlement. Over the years there have been various proposals about the content and process for a lasting settlement. One specific proposal was put forward last year by Patrick Dodson in his Wentworth Lecture. He proposed that any agreement should cover: Political representation; Reparations and compensation; Regional agreements; Indigenous regional self-government; Cultural and intellectual property rights; Recognition of customary law; An economic base. Patrick Dodson also proposed the following process: That 40 distinguished Australians - twenty from each side - be commissioned to draft a treaty between the Australian government and Aboriginal peoples, with the treaty to be based on the matters raised by the Council for Aboriginal Reconciliation's recommendations and other issues conveyed to it as the ongoing causes of discord and division between us. The Australian government is to nominate half the dignitaries and the Aboriginal and Torres Strait Islander Commission to nominate the other half. An independent Treaty Commission should be established outside the government bureaucracy and resourced appropriately, to assist the negotiating process. If there is no agreement reached between the Government and Aboriginal negotiators, the Government should put the question of a treaty with Aboriginal people to a referendum. If there is a positive result from the negotiations or the referendum, the Government should adopt the treaty and legislate to apply its provisions. History records that the Howard government did not responded positively to this proposal, but that there is strong community support for the concept. However, since an agreement or treaty requires both sides to agree, nothing can happen that one side does not approve. That is the essence of the concept - both sides must agree before anything really new can happen. This process then should be pursued without fear, except the fear of failure to reach a just and lasting settlement. Discussion How do you see a Treaty or Agreement contributing to the affirmation of the basic rights of the Aboriginal and Torres Strait Islander peoples of Australia? What community strategies and government strategies could advance the debate on a treaty or Agreement between the Australian government and the Indigenous peoples? How do you think a negotiating process for a Treaty or Agreement could get underway?
Australian Declaration Towards Reconciliation We, the peoples of Australia, of many origins as we are, make a commitment to go on together in a spirit of reconciliation. We value the unique status of Aboriginal and Torres Strait Islander peoples as the original owners and custodians of lands and waters. We recognise this land and its waters were settled as colonies without treaty or consent. Reaffirming the human rights of all Australians, we respect and recognise continuing customary laws, beliefs and traditions. Through understanding the spiritual relationship between the land and its first peoples, we share our future and live in harmony. Our nation must have the courage to own the truth, to heal the wounds of its past so that we can move on together at peace with ourselves. Reconciliation must live in the hearts and minds of all Australians. Many steps have been taken, many steps remain as we learn our shared histories. As we walk the journey of healing, one part of the nation apologises and expresses its sorrow and sincere regret for the injustices of the past, so the other part accepts the apologies and forgives. We desire a future where all Australians enjoy their rights, accept their responsibilities, and have the opportunity to achieve their full potential. And so, we pledge ourselves to stop injustice, overcome disadvantage, and respect that Aboriginal and Torres Strait Islander peoples have the right to self-determination within the life of the nation. Our hope is for a united Australia that respects this land of ours; values the Aboriginal and Torres Strait Islander heritage; and provides justice and equity for all. Presented at Corroboree 2000 on 27 May 2000 by the Council for Aboriginal Reconciliation, following extensive consultation with the Australian people.
Roadmap for Reconciliation The National Strategy to Sustain the Reconciliation Process The National Strategy to Sustain the Reconciliation Process sets out ways to build on progress towards reconciliation between Aboriginal and Torres Strait Islander peoples and the wider community after the Council for Aboriginal Reconciliation completes its term. These measures address practical, cultural and spiritual dimensions of reconciliation. Essential actions include: LEADERSHIP FOR THE RECONCILIATION PROCESS A foundation, Reconciliation Australia, is established to maintain a national leadership focus for reconciliation, report on progress, provide information and raise funds to promote and support reconciliation activities. State, Territory and local reconciliation groups, involving Aboriginal
and Torres Strait Islander people and people from the wider community,
lead and support action that promotes reconciliation. Australian parliaments
and political parties address the low level of Indigenous representation
in the political system. EDUCATION FOR RECONCILIATION The media feature stories that promote reconciliation and challenge racist
stereotyping. PEOPLE'S MOVEMENT FOR RECONCILIATION PROTOCOL AND CEREMONY SYMBOLS OF RECONCILIATION FORMAL RECOGNITION OF THE DOCUMENTS OF RECONCILIATION THE NATIONAL STRATEGY TO PROMOTE RECOGNITION OF ABORIGINAL AND TORRES
STRAIT ISLANDER RIGHTS It aims to ensure: Essential actions include: EDUCATION LEGISLATION All governments ensure their policies and practices observe Australia's international Indigenous and human rights obligations. State and Territory governments consider giving magistrates and judges the discretion to take account of traditional laws in sentencing, as already occurs in some circumstances in the Northern Territory. Governments establish legislative processes to deal with the 'unfinished business' of reconciliation, allowing for negotiated outcomes on matters such as Indigenous rights, self-determination within the life of the nation, and constitutional reform. AUSTRALIAN CONSTITUTION Within the broader context of future constitutional reform, the Commonwealth
Parliament enacts legislation for a referendum which seeks to: THE NATIONAL STRATEGY TO OVERCOME DISADVANTAGE This strategy focuses on education, employment, health, housing, law and justice. Priority must be given to achieving comparable outcomes in health and education. Improvement in these areas is critical to advancing reconciliation. It is important that no person is disadvantaged by the inability of governments and service providers to communicate and cooperate in the delivery of services. Essential actions include: PERFORMANCE MEASUREMENT AND REPORTING Every five years, the Human Rights and Equal Opportunity Commission works with ATSIC to prepare an independent report on the nation's progress in addressing disadvantage. PARTNERSHIPS AND WORKING ARRANGEMENTS Services are designed and delivered in a way that is driven by local Indigenous people, strengthens local communities, and forges social coalitions and equal partnerships, drawing on and building the skills and resources of the community. Service providers, ATSIC and governments identify and eliminate systemic discrimination and racism, beginning with a review of their own practices. Governments adopt funding arrangements that are flexible and sufficient to meet local needs, and enable the pooling of funds across agencies and between the different levels of government. Employers link performance-based salaries in all sectors to improvements in Indigenous outcomes, where appropriate . All Australians accept the responsibility to learn more about the causes and extent of disadvantage and reject racism and related behaviour. THE NATIONAL STRATEGY FOR ECONOMIC INDEPENDENCE For most Australians, pathways to economic independence include getting a job and/or running a business. In both of these cases, an education substantially improves the likelihood of success. This strategy is not for everyone. For some, economic independence will
be defined in terms of their traditional economy and lifestyle. ACCESS TO JOBS AND RESOURCES Banks and other financial institutions actively adopt culturally-responsive banking and financing regimes and facilitate better access to capital. Governments increase the value of Indigenous assets by legislating for Indigenous intellectual property and cultural rights and by working in partnership with Indigenous communities to protect biodiversity and rehabilitate and sustain lands and waters under the control of those communities. EFFECTIVE BUSINESS PRACTICES Governments, ATSIC, and the private sector all research and develop successful business models that can be applied in regional and remote communities. Priority should be given to developing commercial activities on Indigenous-owned land. Private-sector organisations seek opportunities for joint ventures with Indigenous businesses. Governments promote such joint ventures. Governments and industry work in partnership with Indigenous communities to ensure their projects strengthen Indigenous communities by supporting the local economy and enhancing regional employment opportunities. SKILLS DEVELOPMENT TAFEs and other vocational education providers target their programs to the employment opportunities in the local labour market, aiming for available jobs or business opportunities on the completion of training programs and schemes. With local community involvement, education providers, banks and other financial institutions develop money-management programs that increase the capacity of people to plan, save and invest in their future. Indigenous leaders actively encourage their people to equip themselves with the skills, knowledge and experiences that are valued in the local employment market. Developed by the Council for Aboriginal Reconciliation and presented at Corroboree 2000, May 2000. Statistics of social and economic well-being National Indicators All Australians Aboriginal & Torres Strait Islander Life Life Expectancy at birth Aboriginal and Torres Straight Islanders Prevalence of Diabetes per 100,000 Aboriginal and Torres Straight Islanders Imprisonment rate per 100,000 adults Aboriginal and Torres Straight Islanders Home ownership rate Aboriginal and Torres Straight Islanders Year 12 retention rate Aboriginal and Torres Straight Islanders Post School Qualifications Aboriginal and Torres Straight Islanders Average unemployment rate Aboriginal and Torres Straight Islanders Average Annual Income Aboriginal and Torres Straight Islanders Source: Council for Aboriginal www.austlii.edu.au/au/orgs/car/ |